Mike Penning criticises the Government's handling of the Bill in respect to the sale of tobacco from vending machines.

Power to prohibit or restrict sales from vending machines

Mike Penning: Thank you, Madam Deputy Speaker.

Let me say from the outset that I fully understand the Government introducing the amendments. They bring Northern Ireland and Wales into the legislation. However, what a mess the Bill was in when it left this House as a result of the speed of the Government’s U-turn on vending machines during its passage, particularly on Report!

In Committee, my hon. Friend the Member for Eddisbury (Mr. O'Brien) and I tabled amendments that would have restricted access to vending machines, yet the Government opposed those on the basis that the Secretary of State wanted to keep control the provisions on vending machines. The Government did not at any stage of the Bill propose a total ban—until the last minute when the Whips clearly did a deal with the right hon. Member for Makerfield (Mr. McCartney), resulting in the obvious mess in the Bill as it went to the other place.

There, the noble Baroness Thornton said that this House had voted on a free vote on the ban on vending machines, but that was not the case. A free vote could have taken place only if there were a Division on that basis. A free vote was allowed for the Opposition, but it was certainly not a free vote for Labour Members, yet we had called for one for all the smoking debates.

With that in mind, when does the Minister expect to introduce the regulations, which will be subject to an affirmative resolution? When that happens, will there be a free vote on both sides of the House, which is exactly what should happen? We can certainly confirm that if we come into power, we will allow a free vote on all the smoking regulations. There will have to be an affirmative resolution, and let us hope that there is a free vote for the whole House.

The seven consequential amendments are understandable because of the mess the Bill was in when it went to the other place. We accept the amendments even if we are unhappy about how they were handled.

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